A specifically enforceable contract is a legally binding agreement between two or more parties that can be enforced through a court of law. These contracts are characterized by their clear and definite terms, as well as the intention of the parties to be bound by the agreement. There are several elements that must be present in order for a contract to be specifically enforceable.
First, there must be an offer and acceptance. This means that one party must make a clear and definite offer to enter into a contract, and the other party must accept the offer. The acceptance must be unconditional and must be communicated to the offering party.
Second, there must be consideration. This refers to something of value that is exchanged between the parties in the contract. It can be a payment, a service, or something else of value. Consideration is necessary to show that the parties are entering into the contract willingly and with the intention to be bound by its terms.
Third, the parties must have the capacity to enter into a contract. This means that they must be legally competent to enter into a binding agreement. Minors, individuals who are mentally incapacitated, and those under the influence of drugs or alcohol may not have the capacity to enter into a contract.
Fourth, the contract must be in writing and signed by the parties. This is known as the statute of frauds, which requires certain types of contracts to be in writing in order to be enforceable. These contracts include those involving the sale of goods over a certain value, real estate transactions, and agreements that cannot be performed within one year.
Finally, the contract must be legal and not contravene any laws or public policy. If the terms of the contract are illegal or against the public good, it will not be enforceable in a court of law.
In summary, a specifically enforceable contract is a legally binding agreement between two or more parties that is characterized by clear and definite terms, an offer and acceptance, consideration, the capacity of the parties to enter into the contract, a written and signed document, and legality. It can be enforced through a court of law if any of these elements are absent or if the contract is breached by one of the parties.
specifically enforceable contract which complies with Statute of Frauds writing
But this rule is subject to certain well-recognized exceptions. In the award, the finding given was that the professor had been wrongfully dismissed, that his dismissal was ultra vires, mala fide and had no effect on his status and that he still continued to be a professor of the University. That is a basic concept of the rule of a law and importance thereof transcends the significance of a decision in any particular case. In the course of domestic inquiry held by the management, the appellant- plaintiff was ultimately dismissed from service. For example, if a buyer purchases an antique piano on credit and later discovers it is a fake, the buyer may sue for rescission and restitution. After legal notice of renewal, the lessor did not send any positive reply and instead filed a suit for ejectment, therefore, these no mutual consent for renewal. In Her Highness Maharani Shantidevi P Gaikwadv.
Duty to obligation is required by the law for both parties to exhibit that they have assented, performed, and thus abided with the terms of the contract. In 1964 itself learned Munsif while dismissing the first suit had hold that his contract of employment could not specifically be enforced. To understand the role of enforceable contracts and penalties, suppose that. The researcher seeks to make an attempt in analyzing whether specific performance is a better and more effective solution than enforcing the contract. However, sometimes pecuniary compensation does not satisfy the plaintiff so he may ask for specific relief.
Provisions of Act not exhaustive of all kinds of specific relief. For instance if some body unlawfully dispossesses someone of his property, the general relief may be requiring the defendant to pay the other party compensation equivalent to the loss suffered by him due to dispossession. Several databases were also browsed through for obtaining valuable information pertaining to the political relation under study. When two parties form and accept the terms of a legally sanctioned offer, obligation to performance is established. Not knowing the law is not an excuse either: an illegal contract will still be held invalid even if the parties did not know that their contract was illegal. Equitable relief has long been considered an extraordinary remedy, an exception to the general rule of money damages. Permissibility: A contract of personal service cannot ordinarily be specifically enforced and a Court normally would not give a declaration that the contract subsists and the employee, even after having been removed from service can be deemed to be in service against the will and consent of the employer.
Section 14: Contracts Not Specifically Enforceable
Taking tentatively the figures mentioned by the new and old contractors in their proposed terms and responses submitted orally and in writing indicating the extent of investments and estimated profits, Supreme Court consider it appropriate to modify the impugned order of grant of temporary injunction passed by the High Court by imposing the following conditions: 1 As a pre-condition for further operating the mine, the new contractors shall furnish a Bank Guarantee or a Solvent Security to the satisfaction of the Trial Court in the sum of Rupees Five Crores towards the estimated investments already made by the old contractor in the mine from the year 1984 in prospecting, developing, digging bore holes, removal of rejection, making benches, putting up infrastructural facilities, acquiring surface rights, to dump rejects, cost of shifting of school, electrification, research and development etc. A contract for an illegal product or action will not be enforced. This contract cannot be specifically performed, for, if it were so performed, either A or B might at once dissolve the partnership. Finally, a contract has to be legal in the jurisdiction it will be operating in. They will also have to continuously decide to whether a particular bridge should be bypassed or strengthened. The Trial Court came to the conclusion that the Civil Court has the jurisdiction to try the suit and the suit is not barred because of Section 14 1 b of the Specific Relief Act. The Specific Relief Act provides for specific reliefs.
Specific Performance of Contract and its enforceability
The declaration sought for by the appellant herein to enforce specific performance of personal service, cannot be granted and the suit as framed is not maintainable and thereby dismissed the suit. This jurisdiction cannot be curtailed or taken away by merely fixing a sum even as liquidated damages. The respondent knew very well that his service contract was with the private management. The Constitution Bench in the case of Chand Rani v. Such relief can be granted only on sound legal principles.
The circumstances in which specific performance may be granted are enumerated in Section 10 of the very Act. Construction of building: Section 14 3 , provides that notwithstanding Clause c of sub-section 1 , the Court may enforce specific performance where the suit is for the enforcement of a contract for the construction of any building or the execution of any work on land. The ordinary presumption is that a contract is intended to be dealt with as a whole and not piecemeal. After considering the comparative merit of the case of either parties and their rival claims, we have formed an opinion that the High Court ought not to have granted unconditional order of temporary injunction by ignoring the huge investments which have been made by the old contractor to operate the mine under an existing arrangement and alleged renewal of the contract by their mutual conduct. Under the remedy of Specific Performance, a judge may order one party to perform a specific act. Understandably, oral agreements are far more difficult to enforce than Valid and Invalid The validity of a contract is in the details. When negotiating in a business agreement, one of the main considerations is whether the contract will be deemed as an enforceable under law.
Sustainability of: The order of attachment of property without deciding objections on merit was not sustainable in law. In the absence of any statutory requirement, Courts do not ordinarily force an employee to recruit or retain in service an employee not required by the employer. By promising not to do something that you would otherwise be able to do, you have passed consideration. Illustration: If A and B enter into a contract of building a house by A and if due to some reasons A is unable to perform the contract then B can execute the said contract by some other third party eg. Article shared by Section 14 of the Specific Relief Act, 1963 Provides that: 1. A makes breach of contract. The effect of a Declaratory Judgment is to set future obligations between the parties.
Undue influence experienced by a victim is a biased alignment of a person, and a justifiable reason for the courts to deny claims of breach by a party unwilling to comprise themselves with what is found to be unconsented to performance. Minor children cannot contract without the signature of a parent or legal guardian, who may also retract a contract at will. If the seller refuses to provide fewer than 50,000 units and demands payment for 50,000, the buyer may sue the seller for reformation of the contract. By the time of the suit, the building was built and at the time of the hearing of the appeal in the High Court of Madras the construction of the building was complete. It was exercised after expiry of lease and the lessee continued to remain in use and occupation of the leased premises. He merely obtained quotes for converting the titles.
The Mukhia and Panchas were not named in the agreement and the method of choosing either of the two forums was not specified. But even it can never be said that the doctrine of consideration does not play any part, as many a times it forms a part of the cause of action itself. In sum, it can be stated that there may be bodies which are statutory and which are non-statutory. It means each party to the contract must have the freedom to enforce his right under the contract against each other. Acceptance by action is when a party accepts a contract through an action. Due to some reasons A fails to do so. The equitable principle underlying this section is that specific performance of contract will not be enforced for the benefit of the purchaser and cannot operate to his detriment.
